HOA Homeowners' Rights Task Force
Thank you for visiting the community engagement tool for the HOA Homeowners’ Rights Task Force.
Pursuant to HB23-1105, this project has now concluded. On behalf of the Department of Regulatory Agencies and the Division of Real Estate, thank you for your interest and participation.
We're looking for your feedback on how HOAs are working here in Colorado.
The Colorado General Assembly recently passed HB23-1105: HOA Rights Task Force, creating two task forces aimed to investigate and present written reports on issues affecting those that work or live in HOAs in Colorado.
The HOA Rights Task Force’s main priorities are to study issues confronting HOA homeowners' rights, including:
Homeowners' associations' fining authority and practices
Foreclosure practices
Communications with homeowners
Availability and method of making certain documents available to HOA homeowners in the association
If you live in Colorado and work or reside in a homeowners association – we ask you to take part in our HOA stakeholder engagement activities (below). By taking our community survey or submitting your personal story, you are helping to shape the future of HOAs in Colorado.
All responses collected will be used to inform a final report to be presented to the Colorado General Assembly, the Governor’s Office, and the public.
We're looking for your feedback on how HOAs are working here in Colorado.
The Colorado General Assembly recently passed HB23-1105: HOA Rights Task Force, creating two task forces aimed to investigate and present written reports on issues affecting those that work or live in HOAs in Colorado.
The HOA Rights Task Force’s main priorities are to study issues confronting HOA homeowners' rights, including:
Homeowners' associations' fining authority and practices
Foreclosure practices
Communications with homeowners
Availability and method of making certain documents available to HOA homeowners in the association
If you live in Colorado and work or reside in a homeowners association – we ask you to take part in our HOA stakeholder engagement activities (below). By taking our community survey or submitting your personal story, you are helping to shape the future of HOAs in Colorado.
All responses collected will be used to inform a final report to be presented to the Colorado General Assembly, the Governor’s Office, and the public.
Share Your HOA Story
How have you been impacted by an HOA?
Share your story and help us better understand how homeowner association rules or regulations have had a positive or negative impact on you. Feel free to share any concerns, complaints, ideas or advice that relates to your experience with HOA's in Colorado.
Thank you for sharing your story with the HOA Homeowners' Rights Task Force.
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Citf and Accu
by Hoaxboard, about 2 years agoI was on the board for our HOA at that time I had a board member and the property manager upset with me so the manager targeted me and 3 other people that had flower plots outside of our unit out of 28 total units that had them so I took mine inside my patio so they could do anything about it. Then last week they sent a vendor out to work on the fire suppression system that’s in my closet on my patio. First they climbed over the rail because my unit is one of the few that doesn’t... Continue readingI was on the board for our HOA at that time I had a board member and the property manager upset with me so the manager targeted me and 3 other people that had flower plots outside of our unit out of 28 total units that had them so I took mine inside my patio so they could do anything about it. Then last week they sent a vendor out to work on the fire suppression system that’s in my closet on my patio. First they climbed over the rail because my unit is one of the few that doesn’t have a gate for access. While they moved around my grill with a 1 pound bottle on it they broke it off and the gas was going onto my patio, into my unit and into my closet that has my hot water heater and heater both that run off of gas. When the vendor was told that they could smell gas the vendor told them that it was only antifreeze and don’t worry. I got the call saying that my unit smelled like gas really bad so I told them to go outside and I drove home it took me 15 minutes to get home to find that the tank was pouring out gas.. so I got it stopped. I called Accu and no answer so I left a message on my way home also called the Afterhours service and left a message with a person who said that they would send it over to Accu and then I called after I got home and told them what happened.. I sent a letter to Accu and I was told that I didn’t call on my way home and that I said that I had the tanks stored in the closet which I didn’t even say to them.. the manager that we have is not good. I worked with other management companies and Accu is the worst company that I have ever dealt with. And our treasurer let Accu approve their invoice and then she is the only one on the board that can approve them. Very bad HOA CITF -
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Impact of Legislation on Homeowners
by Frank Wille, about 2 years agoThe fiscal note that accompanies HOA legislation provides an explanation of a Bill's fiscal impact on state and local government. It does not address the costs that legislation has on HOAs, i.e., on the Homeowners. It should! Therefore, as your Task Force makes recommendations to the Legislature, at least a discussion of the impact on the costs that must be passed on the Homeowners should be included. The costs associated with HB 22-1137 were significant, as would certainly be the case with any future legislation dealing with foreclosures, fining processes, etc.
The fiscal note that accompanies HOA legislation provides an explanation of a Bill's fiscal impact on state and local government. It does not address the costs that legislation has on HOAs, i.e., on the Homeowners. It should! Therefore, as your Task Force makes recommendations to the Legislature, at least a discussion of the impact on the costs that must be passed on the Homeowners should be included. The costs associated with HB 22-1137 were significant, as would certainly be the case with any future legislation dealing with foreclosures, fining processes, etc.
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HOA Mgmt. Co. Inept, but Witholding Control; Vulture Investors Hollowing Out Community
by CCIOA's not working, about 2 years agoMy older HOA community employs one of the 'more affordable' HOA management companies. I don't think there's many options out there for switching, but even then, our current company seems to intentionally be raising 'switching costs' by eliminating any transparency/redundancy with the HOA Board. Key institutional knowledge and access around the property have been totally owned by our Management company with deliberate efforts to withold that power by hiding behind CCIOA and fostering dysfunction within our board. There is almost no way that my board could appropriately 'shop' for new management, and we almost certainly would have an extremely difficult... Continue readingMy older HOA community employs one of the 'more affordable' HOA management companies. I don't think there's many options out there for switching, but even then, our current company seems to intentionally be raising 'switching costs' by eliminating any transparency/redundancy with the HOA Board. Key institutional knowledge and access around the property have been totally owned by our Management company with deliberate efforts to withold that power by hiding behind CCIOA and fostering dysfunction within our board. There is almost no way that my board could appropriately 'shop' for new management, and we almost certainly would have an extremely difficult time transitioning/onboarding a new agent/management company.Compounding the problem are two major issues:
Firstly, the HOA management company isn't well-versed in property management. They emphasize that they're 'community management' experts, but honestly even the admin of our property has been disappointing. Poor communication has been the norm, but the inexperience and lack of knowledge how to protect and maintain capital infrastructure is slowly bankrupting and our community and causing the crumbling of the physical infrastructure.
Secondly, some owners seem to simply accept this 'status quo' and just carry-on in the most self-serving of ways. These owners are not residents of the community, but investors that care little for their tenant's quality of life, but simply rely on the strong demand in the area to enrich themselves. This CCIOA status quo is not benefitting those communities, but seems to simply be enriching HOA management companies and by default encouraging investors to act in a predatory manner- leaving tenants and owner occupants bearing the costs.
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Homeowners Can Support Better Education and Oversight of Property Management Companies
by HOAIssues, about 2 years agoHB24-1078, is a bill recently introduced to establish standards for Property Management Companies and to make it unlawful for a business entity to perform property management duties without a license. If interested in telling your story about your experiences with your property management company, you can write, and/or testify before the Members of the House Transportation, Housing and Local Government Committee. Links are provided below.
If the bill passes, on and after July 1, 2025, HOA management companies will be required to demonstrate compliance with insurance requirements as specified by DORA. The company would be required to designate an individual... Continue reading
HB24-1078, is a bill recently introduced to establish standards for Property Management Companies and to make it unlawful for a business entity to perform property management duties without a license. If interested in telling your story about your experiences with your property management company, you can write, and/or testify before the Members of the House Transportation, Housing and Local Government Committee. Links are provided below.
If the bill passes, on and after July 1, 2025, HOA management companies will be required to demonstrate compliance with insurance requirements as specified by DORA. The company would be required to designate an individual as the business entity's controlling manager who is responsible for the management activities of the business entity and of its employees. The entity would be responsible for paying a fee based on a schedule of fees determined by DORA and the company must obtain criminal history records for its manager and each individual that performs community association management on behalf of the business.
DORA would be required to establish by rule, education requirements for the managers and any employees of a licensed entity who perform management on behalf of the licensed entity. The bill also sets forth grounds for disciplining a licensed entity and directs DORA to establish a points-based disciplinary system based on the level of violation.
To sign up to remotely, in person or by a written letter, go to https://leg.colorado.gov/
Then click on the Committee Heading and then the Public Testimony Options link. You should be able to follow the prompts. The bill is HB24-1078, the Committee of jurisdiction is The House Transportation, Housing and Local Government. The hearing is scheduled for Feb. 14 at 1:30 pm. Be prepared to spend the afternoon listening to others as well.
The full language can be printed from this link:https://leg.colorado.gov/content/transportation-housing-local-government-10
You can also view the pictures of the Legislators serving on the Committee and write committee members individually at: https://leg.colorado.gov/committees/transportation-housing-local-government/2024-regular-session
Homeowners have the opportunity to have their voices heard by taking action.
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Slow Down and Do It Right
by kchrist8, about 2 years agoHB 24-1158 was introduced by Representative Ricks who is also on the task force. Wouldn’t it make sense to wait before introducing another bill on HOAs as the task force meetings are ongoing?
I hope this bill is amended to include an inflation guard on the $2,500 cap to foreclose as we just keep inflating the dollar by government spending that is being pushed back to asset owners like homeowners. Postage rates went up again awhile ago and every single warning letter for weeds, trash cans or painting a home broncos orange without permission has to cost a minimum of... Continue readingHB 24-1158 was introduced by Representative Ricks who is also on the task force. Wouldn’t it make sense to wait before introducing another bill on HOAs as the task force meetings are ongoing?
I hope this bill is amended to include an inflation guard on the $2,500 cap to foreclose as we just keep inflating the dollar by government spending that is being pushed back to asset owners like homeowners. Postage rates went up again awhile ago and every single warning letter for weeds, trash cans or painting a home broncos orange without permission has to cost a minimum of $10 to the community that home is in. That community’s sole source of funding is the people in it. My home cooked dinner cost less than that thankfully. There isn’t an inflation guard the “wonderful” $500 fine cap already in place from legislation in 2022. So our state is stuck with it until it’s adjusted.Just food for thought to prevent mistakes from happening again when inflation is holding at 3% overall and hit 50% for natural gas and food at all time highs a couple years ago. I’d be happy if they just left everything alone for a year at the golden dome by the library down in Denver myself. Let people catch up on what’s actually a law and what isn’t with hundreds passing every year.
Sheesh.
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Small Claims Court Claims
by Robert Racansky, about 2 years ago
Small claims court jurisdiction has been expanded.
- Connie Van Dorn. H.O.A. Task Farce. January 16, 2024
https://www.youtube.com/watch?v=hyDa3Rh0J4U @ T+2h:28m:38sColorado House Bill HB22-1137 mostly re-arranged the language in Colo.. Rev. Stat. § 13-6-403 "Jurisdiction of Small Claims Court"; while doing very little, if anything, to protect homeowners from the abusive, fraudulent, predatory, and criminal business practices of the H.O.A. industry special interests.
Far from expanding the use of Small Claims Court to settle H.O.A. disputes -- something I have been advocating for the past four years -- a draft of Colorado House Bill HB22-1137 attempted to prohibit the use... Continue readingSmall claims court jurisdiction has been expanded.
- Connie Van Dorn. H.O.A. Task Farce. January 16, 2024
https://www.youtube.com/watch?v=hyDa3Rh0J4U @ T+2h:28m:38sColorado House Bill HB22-1137 mostly re-arranged the language in Colo.. Rev. Stat. § 13-6-403 "Jurisdiction of Small Claims Court"; while doing very little, if anything, to protect homeowners from the abusive, fraudulent, predatory, and criminal business practices of the H.O.A. industry special interests.
Far from expanding the use of Small Claims Court to settle H.O.A. disputes -- something I have been advocating for the past four years -- a draft of Colorado House Bill HB22-1137 attempted to prohibit the use of Small Claims Court to resolve H.O.A. disputes.
The amended draft, dated March 24 2022, stated thatThe Small Claims Court Division does not have concurrent original jurisdiction with the County and District Courts in any action that arises from assessments owed to a unit owners' association
- on page 01 at lines 25 - 28
and
A party may not file a claim in Small Claims Court for a dispute arising from assessments owed to an association.
- on page 06 at lines 42 - 43, and on page 07 at line 01
Given that all H.O.A. fees -- including fines, late fees, attorney fees, and other junk fees -- are enforceable as assessments per Colo. Rev. Sat. § 38-33.3-316 "Lien for Assessments", nearly all H.O.A. litigation arises from assessments claimed by an H.O.A. corporation.
Somebody thought that this prohibition was such a good idea that it was put into the draft version of the bill, twice.
When I asked Representative Ricks about it, I was told to shut up.From: Morgan Anker
Date: Monday, March 28 2022 at 7:12 PM MDT
Subject: Latest draft of HOA bill HB1137
Thank you so much for being a key part of our stakeholding process on HB22-1137: HOA Board Accountability and Transparency.
I have attached the amendment that Rep. Ricks and Rep. Bradfield will be introducing, but please keep in mind that it is currently annotated and unedited. We are continuing to partner with our bill drafter and stakeholders to finalize the amendment by the end of this week.
If you have any feedback on the amendment, please submit written comments to our office by no later than noon this Wednesday, 3/30.
Line and page numbers are especially helpful.
Again, thank you for your invaluable input throughout this process.
Morgan Anker
Chief of Staff
The Office of Representative Naquetta Ricks (HD-40)
she/her/hersFrom: Robert Racansky
Date: Tuesday, March 29 2022 at 6:25 AM
Subject: Latest Draft Of HOA Bill HB1137
To: Morgan Anker, Naquetta Ricks, Mary Bradfield, Julie Gonzales , James Coleman
Cc: Tony Exum, Meg Froelich, Andrew Boesenecker, Matt Gray, Marc Catlin, Edie Hooton, Mandy Lindsay, Andres Pico, Janice Rich, Tom Sullivan, Donald Valdez, Tonya Van Beber, Kevin Van Winkle
Why was the following language added into the amended bill?
• amended bill 2022-03-24 (page 1, beginning on line 25)
→ "The small claims court division does not have concurrent original jurisdiction with the county and district courts in any action that arises from assessments owed to a unit owners' association."• amended bill 2022-03-24 (page 6, beginning on line 42)
→ "A party may not file a claim in Small Claims Court for a dispute arising from assessments owed to an association."
When Sherry Christensen was president of the Lake Terrace II H.O.A. corporation in Loveland (2017 - 2019), she was able to use Small Claims Court to collect delinquent assessments from homeowners.
This bill would make that impossible.
Who thought this was a good idea?The persons cc'ed were the members of the House Transportation and Local Government Committee, where the bill was introduced.
From: Morgan Anker
Date: Tuesday, March 29 2022 at 11:16 AM
Subject: Re: Latest Draft Of HOA Bill HB1137
To: Robert Racansky
Cc: Naquetta Ricks, Mary Bradfield, Julie Gonzales, James Coleman, Tony Exum, Meg Froelich, Andrew Boesenecker, Matt Gray, Marc Catlin, Edie Hooton, Mandy Lindsay, Andres Pico, Janice Rich, Tom Sullivan, Donald Valdez, Tonya van Beber, Kevin Van Winkle
Hello Robert and committee members,
This amendment has not yet been finalized; it is simply a draft, and we are currently processing and incorporating stakeholder feedback. Robert, thank you for sharing your thoughts and questions.
Our office will be sure to notify stakeholders and committee members as soon as we have a finalized amendment.
Thank you,
MorganFrom: Morgan Anker
Date: Tuesday, March 29 2022 at 1:00 PM
Subject: Re: Latest Draft Of HOA Bill HB1137
To: Robert Racansky
Hello Robert,Please do not cc any other offices or representatives regarding communication about the amendment. It has NOT been finalized for their review yet. I sent it to you because we appreciate your feedback as a stakeholder, and we want to incorporate your feedback into the finalized amendment.
Morgan Anker
Chief of Staff
The Office of Representative Naquetta Ricks (HD-40)
she/her/hers
To date, I have never received an answer. Nor were any of my proposed changes incorporated, much less acknowledged.
The request to not share information about a draft of a bill with the very representatives who would be voting on the bill was disturbing.
It’s almost as though our public policy makers - the real public policy makers, not our elected figureheads - don’t want the public’s involvement and input in the law making process. By the time the peasants are allowed to participate in Democracy Theater , the important decisions have already been made in some back room.
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Kicking Horse HOA Discrimination
by Bill Woodson, about 2 years agoThe board last year decided to assess STR owners an additional $300 a year because of renters using the amenities, which amounts to 2 hot tubs. They claimed renters used more water and sewer, when in fact it’s a lump sum with no metering. The board has had 2 members resign in the last 2 years, and the board replaces them without considering a STR owner. It’s a ski resort yet they hate having renters there. I have been vocal regarding lack of getting done, and now I feel I’m being harassed by the board. I’m a retired hvac mechanic... Continue readingThe board last year decided to assess STR owners an additional $300 a year because of renters using the amenities, which amounts to 2 hot tubs. They claimed renters used more water and sewer, when in fact it’s a lump sum with no metering. The board has had 2 members resign in the last 2 years, and the board replaces them without considering a STR owner. It’s a ski resort yet they hate having renters there. I have been vocal regarding lack of getting done, and now I feel I’m being harassed by the board. I’m a retired hvac mechanic for 40 years, the HOA pays to have individual boiler inspections, I’ve done my own for 4 years with a filed report. Never an issue. Now the board is threatening me because I installed a new boiler, with permits and inspection because I didn’t notify them, after 2 years.After 4 years they now say inspections have to be done by a licensed plumber yet I’ve seen nothing in their rules and policies stating such. -
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Shut up, homeowner. We don't want to hear from you.
by Robert Racansky, about 2 years ago
I live in a community where the property management says, "we are not allowed to speak with our board members and everything needs to go through her".
- Michelle307. "Need to get the Property Management Company/Board Members to follow bylaws, they expect everyone else to follow, except them". January 17 2024
This is not an isolated incident. Another homeowner recently sent me a similar story.
Peculiarly, the Management Contractor presumes that it is appropriate to ask that Association Members refrain from contacting their Board by any means. This highlights an ignorance of the fact that the Management Contractor... Continue reading
I live in a community where the property management says, "we are not allowed to speak with our board members and everything needs to go through her".
- Michelle307. "Need to get the Property Management Company/Board Members to follow bylaws, they expect everyone else to follow, except them". January 17 2024
This is not an isolated incident. Another homeowner recently sent me a similar story.
Peculiarly, the Management Contractor presumes that it is appropriate to ask that Association Members refrain from contacting their Board by any means. This highlights an ignorance of the fact that the Management Contractor is not a party to the Contract between Members and their Association. It can be presumed that Board members are well-aware and freely accept that their role on a Not-for-Profit Board is to serve their fellow Homeowners and understand their accessibility obligation to Homeowners with whom the Contract is bestowed.
- Attorney representing homeowner, to attorney representing H.O.A. corporation. January 22 2024.
Any bylaws, policies, or any other rules that prohibit H.O.A.-burdened homeowners from contacting H.O.A. board members should be illegal. With board members held personally liable by fines and/or jail time to deter bad behavior. This would incentivize H.O.A. boards to exercise oversight over their agents -- such as managers and attorneys -- rather than letting their managers and attorneys act as a "deep state" controlling the H.O.A. corporation with the board being mere figureheads.
Here's how I think CAI [Community Associations Institute, the H.O.A. industry lobby group] wants things to end up: The BODs [H.O.A. Board of Directors] would have nearly absolute power over homeowners, whose only options, if they feel they have been mistreated, would be to elect a new board or sell their home and move somewhere else. The association attorney and property manager would (and do) control the BODs. CAI trains and organizes the attorneys and property managers. The states would require certification of property managers. CAI would provide that certification. The out-of-control owner-run insurgent groups would be shut out of the policy process and branded as loons and nutcases.
Particular complaints about abuses would be conclusively presumed to be either a) lies and distortions spread by neighborhood malcontents who couldn't get along with Mother Theresa, or b) unrepresentative anecdotes that fail to capture the true level of mass satisfaction with HOA life. And the state legislatures would pass UCIOA [Uniform Common Interest Ownership Act] and move on from HOA legislation to other matters, like selling the state tollway system to Spanish and Australian corporations. That's the desired endgame as I see it.
- Evan McKenzie, former H.O.A. attorney and author of Privatopia (1994) and Beyond Privatopia (2011). "Privatopia Papers" blog, March 14 2007. Emphasis added.
H.O.A. board members not wanting to to do their job is something I have more personal experience with than I ever wanted. In one instance, the H.O.A. president told me in court that he could not be bothered to respond to my inquiries about H.O.A. attorney fees that had been explicitly prohibited by a judge's Court Order ; and that I should have contacted the same H.O.A. attorneys who were threatening me because he was too busy acting on behalf of the homeowners; when in reality he and the rest of the Board of Directors were serving the H.O.A. management company and H.O.A. law firm. But that is a story for another day.
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Some HOA Boards bend the laws their way
by C, over 2 years agoThank you for this Task Force, I know it will ultimately have a positive effect on many distressed homeowners. We do need help from you, our trusted elected officials.During your sessions less from attorneys (their HOA board business is highly lucrative), would be a good thing.
I have read and heard of many of the HOA homeowners stories and have heartfelt compassion for them since I’ve experienced some of the same kind of nonsense. A great number of HOA boards prey on homeowners they don’t like for some reason- be it asking too many questions, especially financial or something... Continue readingThank you for this Task Force, I know it will ultimately have a positive effect on many distressed homeowners. We do need help from you, our trusted elected officials.During your sessions less from attorneys (their HOA board business is highly lucrative), would be a good thing.
I have read and heard of many of the HOA homeowners stories and have heartfelt compassion for them since I’ve experienced some of the same kind of nonsense. A great number of HOA boards prey on homeowners they don’t like for some reason- be it asking too many questions, especially financial or something else. In our community, Pinon Bluffs Townhomes Owners Association in Colorado Springs, this has resulted in continued harassment and “punishment.” For instance, my front yard is bare ground, and no it’s not because of the pine tree, we have many pine trees here. I pay $478.50/mo for this., and it’s been going on for several years. Fines are imposed in direct opposition to 38-33.3-123 C.R.S. Enforcement (2) and 38-33.3-313 C.R.S. Insurance (4) (a) (c) (5), and (9) (a). My pro rata share of the deductible was paid ($7200.00). We have twenty-three units, all of the larger decks facing west were replaced except three - two who had inadequate HO6 policies (repaired and heavily stained) and mine. I was offered $1900. for the west facing deck needing replacement (too damaged to hold stain well), and two other balconies that weren’t stained along with the others.I was told they wouldn’t stain them because “I spoke to the vendors and obstructed their work.” This is absurd. As for my west facing damaged deck, it simply needed replacement after a devastating hail storm. I called the insurance company and they stated they could open the claim and replace it. Obviously, the board stepped in and stopped that from happening. Subsequently, responsibility for maintaining our decks was voted in by members. Voting practices could be tightened up too.
The answer to all these inequities could be an enforcement agency. A new system or overhaul needs to be accomplished. Perhaps a few “problematic “ associations could be designated to do a “test run” with a reputable accounting firm taking over financial duties.
Better yet, legislation requiring HOA boards to submit to a forensic accountant (chosen by the state) every few years. Yes, forensic accountants are expensive but so are board attorneys.
There is Good Legislation on the books to protect homeowners but it’s near impossible for a homeowner to enforce them, even in court.
As one of your wise legislators stated on Friday, enforcement is the issue, not communication because the communication is skewed by one party or the other.
HOA boards have a fiduciary duty to ALL members. Unfortunately, ALL is not included here.
Bottom Line: UNFAIR PRACTICES MUST BE EXPOSED AND REMEDIATED for the WELL-BEING OF THE CITIZENS OF COLORADO. -
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H.O.A. officers self-promoted to Gods, lacking checks and balances.
by WV, over 2 years agoThis is a second installment of my first submission. I just finished mediation for my lawsuit and wanted to add what I'm learning.
I apologize for repetition with my earlier submission, but, I don't have a copy of it.
Our HOA officers' group consists of 9 people, 2 of which are helpful, reasonable people, 1 of which is God in his own mind, and 5 who follow obediently. The God has been in place for as much as 30 years! He was treasurer for at least 12 years, when I pointed out our HOA's rule that officers are limited to... Continue reading
This is a second installment of my first submission. I just finished mediation for my lawsuit and wanted to add what I'm learning.
I apologize for repetition with my earlier submission, but, I don't have a copy of it.
Our HOA officers' group consists of 9 people, 2 of which are helpful, reasonable people, 1 of which is God in his own mind, and 5 who follow obediently. The God has been in place for as much as 30 years! He was treasurer for at least 12 years, when I pointed out our HOA's rule that officers are limited to three year terms. His response was to become president and change the rule. Unfortunately, it wasn't a covenant. Until 2 years ago, when I pointed out in an annual meeting, that HOAs must have secret ballot votes, our ballots were signed. Now, we sign the envelope.
But the biggest problem is that the president ignores covenants and claims the board can decide"how to interpret them," even if that interpretation is directly conflicting with the covenant. They decide what covenants will be ignored and what will be enforced. Our only recourse is lawsuit, sincetthe board will reject any compromise in mediation.
"But, you say, they can't be too bad, the neighborhood puts up with them." Yes, apathy is the problem that creates most HOA problems. 170 of 305 households vote. Most vote for the "old guard," who works actively to keep any new, reasonable person away from the board. Several attorneys told me they would take my case, a covenant issue, based on its merits, but backed out when I answered their question, "Which neighborhood?""Nope, that HOA is relentlessly crazy."
The money gets poured into pleasing the "Pond people," the 140 who live nearest the ponds in the neighborhood, who get all their pet projects done while the rest of the neighborhood gets neglected. Those 140 votes keep the God and his follower board in office, in spite of their not being a majority, owing to the apathy of the majority.
HOA boards have learned from management companies, that they can do whatever they want because they are "town council, supreme court, and executioner," with no checks and balances. If I sue them, I am fighting their insurance company with my personal dollars, which is what I'm doing.I thought the insurance company might solve the issue to save money, but, they know the system is rigged in favor of the board, so, homeowner be damned. My only hope is that a majority of the jury has lived in an HOA and knows how corrupt they can be.
In mediation, the HOA offered nothing by way of compromise. I hope our HOA God and his followers are punished by a fair court. No fewer than 10 attorneys have told me I am interpreting the covenants correctly, including several neighbor attorneys and our management company's in-house attorney, who used to be, and will be again, the advisor for our HOA board!
Project Documents
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HOA Task Force Report with Appendices.pdf (58.4 MB) (pdf)
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2023-12-08 HB23-1105 Task Force List of Considerations (1).pdf (150 KB) (pdf)
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HOA TF Summary Report (2023-08-03 through 2024-04-07) Redacted.pdf (416 KB) (pdf)
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HOA TF Detailed Report (2023-08-03 through 2024-04-07)_Redacted.pdf (5.12 MB) (pdf)
Meeting Recordings
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October 24, 2023 HOA Homeowners' Rights Task Force Meeting Recording
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November 21, 2023 HOA Homeowners' Rights Task Force Meeting
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December 20, 2023 HOA Homeowners' Rights Task Force Meeting
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January 2, 2024 HOA Homeowners' Rights Task Force Meeting
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January 16, 2024 HOA Homeowners' Rights Task Force Meeting
HOA Homeowners' Rights Task Force Members
The Division of Real Estate and Department of Regulatory Agencies are pleased to present information on the HOA Homeowners' Rights Task Force members below:
Position | First Name | Last Name |
Ex Officio 1 (Chair) | Marcia | Waters |
Ex Officio 2 (DOLA Division of Housing) | Jose | Trujillo |
Ex Officio 3 (HOA Information Officer) | Nick | Altmann |
Speaker Appt. 1 | Joyce | Akhahenda |
Speaker Appt. 2 | Peter | Siegel |
Speaker Appt. 3 | Connie | Van Dorn |
Speaker Appt. 4 | Jesse | Loper |
Speaker Appt. 5 | Rep. Naquetta | Ricks |
Speaker Appt. 6 | Sen. Rhonda | Fields |
Governor Appt. 1 | Lee | Freedman |
Governor Appt. 2 | Richard | Brown |
Governor Appt. 3 | Lallis | Jackson |
The HOA Homeowners' Rights Task Force is an important opportunity for stakeholders, experts, industry professionals, and homeowners to come together to study and make recommendations concerning issues related to Common Interest Communities.
Key Dates
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August 01 2023
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October 24 2023
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November 21 2023
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December 20 2023
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January 02 2024
Quick Polls
Thank you for visiting the community engagement tool for the HOA Homeowners’ Rights Task Force.
Pursuant to HB23-1105, this project has now concluded. On behalf of the Department of Regulatory Agencies and the Division of Real Estate, thank you for your interest and participation.